Uganda Case Law

Desanje & Another v V.G Keshwala & Sons Limited

Desanje & Another v V.G Keshwala & Sons Limited (Civil Suit 113 of 2020) [2025] UGHCCD 34 (26 February 2025)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 113 of 2020

Judge

Musa Ssekaana, J

The court found that the defendant's truck driver owed the deceased a duty of care and breached that duty by driving too close to the deceased, resulting in his death. The defendant's admission of negligence and the insurance company's payment further supported liability. The court determined that the insurance company failed to comply with the Illiterates Protection Act when obtaining the discharge from the plaintiffs, who were illiterate and did not understand the documents they signed. Consequently, the discharge was invalid, and the insurance company remained liable. The plaintiffs were e…

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• Wrongful Death
• Negligence
• Vicarious Liability
• Illiterates Protection
• Damages
• Burden Of Proof

Mawerere v Madada

Mawerere v Madada (Civil Suit 9 of 2019) [2024] UGHC 962 (14 October 2024)

Court

High Court of Uganda

Case number

Civil Suit 9 of 2019

Judge

Nakachwa, J

The court found that the definition of 'member of the family' under section 1(b) of the Law Reform (Miscellaneous Provisions) Act expressly refers to the meaning in the Workers Compensation Act, which includes an uncle. Therefore, the Plaintiff, as an uncle of the deceased, qualifies as a member of the family and has locus standi to institute the suit. The court rejected the Defendant's reliance on Omony Charles v. Attorney General, distinguishing the facts and noting that the statutory definition was overlooked in that decision. The preliminary objection was overruled, and the suit was allow…

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• Locus Standi
• Wrongful Death
• Negligence
• Family Member Definition

Baylor College of Medicine (Children Foundation) Uganda v Gatluak

Baylor College of Medicine (Children Foundation) Uganda v Gatluak (Civil Appeal 10 of 2021) [2024] UGHC 1005 (3 October 2024)

Court

High Court of Uganda

Case number

Civil Appeal 10 of 2021

Judge

Acellam, J

The High Court found that the respondent, as a cousin brother of the deceased, had locus standi to institute the suit under the Law Reform (Miscellaneous Provisions) Act, as supported by the plaint and unchallenged witness testimony. The absence of the respondent's personal testimony did not bar the suit, as the law does not require the plaintiff's appearance if evidence is otherwise adduced. The court held that the trial magistrate properly evaluated the evidence, including the postmortem report and witness accounts, to conclude that the deceased died of electrocution at an event organized b…

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• Negligence
• Duty Of Care
• Locus Standi
• Wrongful Death
• Burden Of Proof

Okolodi v Tumwa and Others

Okolodi v Tumwa and Others (Civil Suit 6 of 2022) [2024] UGHC 445 (5 April 2024)

Court

High Court of Uganda

Case number

Civil Suit 6 of 2022

Judge

Kawesa, J

The court found, on the balance of probabilities, that the 1st Defendant was negligent in driving Motor Vehicle Registration No. UAX 105G, causing the deaths of Okiror Peter and Nyafwono Eunice. Eyewitness testimony and the accident sketch plan established that the deceased were on the correct lane and that the 1st Defendant veered into their path. The Defendants' version was found improbable and unsupported by credible evidence. The 2nd Defendant was held vicariously liable as the 1st Defendant was acting within the scope of employment at the time of the accident. The Plaintiffs were awarded…

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• Negligence
• Vicarious Liability
• Wrongful Death
• Damages
• Burden Of Proof

Tight Security Limited v Echanu

Tight Security Limited v Echanu (Civil Appeal 109 of 2016) [2024] UGHC 217 (5 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 109 of 2016

Judge

Nabisinde, J

The High Court held that a wrongful-death claim under the Law Reform (Miscellaneous Provisions) Act was filed out of time and dismissed the suit.

• Limitation Of Actions
• Wrongful Death
• Vicarious Liability
• Procedural Bars
• Limitation-of-actions
• Wrongful-death

Chebrot v Uganda Wildlife Authority

Chebrot v Uganda Wildlife Authority (Miscellaneous Cause 47 of 2022) [2024] UGHC 92 (22 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 47 of 2022

Judge

Lubega, J

The court held that the applicant, as the father of the deceased, has locus standi to bring a claim for wrongful death, but the proper procedure is under the Law Reform (Miscellaneous Provisions) Act, not the Human Rights (Enforcement) Act. The Human Rights (Enforcement) Act does not contemplate enforcement of the right to life for deceased persons, as enforcement presupposes the continued existence of the right-holder. The Law Reform (Miscellaneous Provisions) Act provides a mandatory and exclusive procedure for claims arising out of wrongful death, requiring the action to be brought by plai…

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• Wrongful Death
• Enforcement Of Human Rights
• Locus Standii
• Choice Of Procedure

Mugisha and 2 Others v Attorney General

Mugisha and 2 Others v Attorney General (Civil Suit 237 of 2019) [2023] UGHCCD 169 (16 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 237 of 2019

Judge

Musa Ssekaana, J

The court found that the plaintiffs had proved on the balance of probabilities that the police patrol vehicle, driven by the defendant's agent in the course of employment, negligently knocked the 1st plaintiff and the late Kaginda John. The evidence of the 1st plaintiff was unchallenged and credible, and the defendant's general denial was insufficient. The court held that the defendant owed a duty of care to other road users, breached that duty through reckless driving, and that this breach caused the injuries and death. The defendant, as employer, was vicariously liable for the negligent act…

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• Negligence
• Vicarious Liability
• Personal Injury
• Wrongful Death

Keita and 2 Others v Kitagenda District Local Government and 2 Others

Keita and 2 Others v Kitagenda District Local Government and 2 Others (Civil Suit 48 of 2022) [2023] UGHCCD 220 (8 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 48 of 2022

Judge

Wagona, J

The High Court overruled preliminary objections on locus standi and cause of action in a wrongful-death claim arising from alleged medical negligence.

• Medical Negligence
• Wrongful Death
• Locus Standi
• Cause Of Action
• Wrongful-death
• Medical-negligence

Besigwa v Stirling Civil Engineering Limited

Besigwa v Stirling Civil Engineering Limited (Civil Suit No. 445 of 2014) [2022] UGHCCD 55 (11 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 445 of 2014

Judge

Musa Ssekaana, J

The High Court found the employer negligent after a worker was buried by soil at a worksite excavation and awarded damages, interest, and costs.

• Employer Liability
• Negligence
• Workplace Safety
• Wrongful Death
• Compensation For Dependents
• Employer-liability

Security Group Uganda Limited v Hajati Zawedde ( administrator of the estate of Tamale )

Security Group Uganda Limited v Hajati Zawedde ( administrator of the estate of Tamale ) (Civil Appeal No. 160 of 2019) [2022] UGCA 36 (15 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 160 of 2019

Judge

Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal allowed Security Group Uganda Ltd’s appeal, holding that its employee’s fatal shooting was outside the scope of employment and not vicariously attributable to the employer.

• Vicarious Liability
• Wrongful Death
• Employer Liability
• Scope Of Employment
• Damages Assessment
• Vicarious-liability